Terms of Use

1. The agreement

These terms are an agreement between you and MK Ignite LLC ("we", "us"), the maker of Surge Stones. They cover the Surge Stones app (the "app") and our online game service (the "online service"). By downloading or using the app, you agree to them. If you don't agree, please don't use the app.

Apple's standard Licensed Application End User License Agreement also applies to the app. Where these terms say nothing on a subject, Apple's standard agreement applies; where the two differ, these terms apply.

2. Your licence to use the app

We give you a personal, non-exclusive, non-transferable, revocable licence to use the app for your own non-commercial entertainment, on Apple-branded devices that you own or control, as allowed by the Usage Rules in the App Store Terms of Service. You may not copy, sell, rent or redistribute the app, or reverse engineer it, except where the law allows this regardless of these terms. The app, the game and its design, artwork and name belong to us.

3. Free features

Downloading the app, single player against the bots, and Pass & Play are free. We may add, change or remove features over time.

4. Online accounts

• When you first play online, the app creates a guest account for you, made of an anonymous player ID and a display name you choose.
• You can choose to sign in, with Apple or with your email address and a one-time 6-digit code (there's no password). A signed-in account can be recovered and used on more than one device.
• One account is for one person. Don't share, sell or transfer accounts.
• A guest account lives only on your device. If you never signed in and you delete the app, or lose or replace your device, your guest account cannot be recovered. Any active subscription stays with your Apple Account (see section 6).
• You're responsible for what happens under your account, and for keeping access to the email account or Apple Account you sign in with. Don't share your one-time sign-in codes with anyone; we will never ask you for one.
• You can delete your account at any time. See Delete your online account.

5. Rules for online play

Online play is better when everyone plays fair. You agree not to:

• choose a display name that is offensive, hateful, sexual, impersonates someone else, or is misleading (for example, pretending to be us or a bot);
• cheat, including by using a modified or unofficial version of the app, or by exploiting bugs;
• use bots, scripts or other automation to play or to access the online service;
• harass, threaten or abuse other players;
• attack, overload or interfere with the online service, or try to access data that isn't yours.

If an account breaks these rules, we may rename it, suspend it, or remove it, and we may end games it is playing. Where we reasonably can, we'll act in proportion to what happened. You can report a player from inside the app or by emailing support@surgestones.com.

You let us show your display name to other players and use it as needed to run the online service.

6. Surge Stones Online subscription

• Title: Surge Stones Online.
• Length: 1 year, renewing automatically.
• Price: $4.99 (USD) per year, or the local equivalent shown in the App Store before you buy. The price you'll pay is always the one shown at purchase.
• What it includes: playing other people through the online service, by game code or quick match.
• Payment is charged to your Apple Account when you confirm the purchase.
• The subscription renews automatically unless you cancel it at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours before the current period ends.
• You can manage or cancel the subscription in your App Store account settings at any time after purchase. Cancelling stops the next renewal; you keep online play until the end of the period you've paid for.
• If the price changes, Apple will tell you in advance, and where the law or Apple's rules require it you'll be asked to agree before you're charged the new price.
• There are no refunds for unused time, except where required by law or where Apple grants one. Refund requests go to Apple.
• Purchases are handled by Apple under the App Store's terms. We never see your payment details.

7. Availability and changes to the online service

We work to keep the online service running, but we can't promise it will always be available, uninterrupted or error-free. We may need to take it down for maintenance, change how it works, or require an app update to keep playing online. If we ever shut the online service down for good, we'll give notice in the app or on this website where we reasonably can, and we'll stop renewals.

8. Privacy

Our Privacy Policy explains what we collect and why.

9. No warranty

The app and online service are provided "as is" and "as available". To the fullest extent the law allows, we make no promises or warranties beyond those stated in these terms, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some places don't allow these exclusions, so they may not all apply to you.

10. Limits on our liability

To the fullest extent the law allows, we aren't liable for indirect, incidental, special or consequential losses, or for lost data, profits or goodwill, arising from the app or online service. Our total liability to you for any claim is limited to the amount you paid for the Surge Stones Online subscription in the 12 months before the claim. Nothing in these terms limits liability that can't be limited by law, or takes away rights you have as a consumer that can't be changed by contract.

11. Ending this agreement

You can stop using the app at any time by deleting it, and delete your online account as described above. We may suspend or end your access to the online service if you break these terms. Sections 9, 10, 13 and 14 continue to apply after the agreement ends.

12. Apple

If you got the app from Apple's App Store, you and we also acknowledge that:

1. These terms are between you and MK Ignite LLC only, not with Apple Inc. ("Apple"). MK Ignite LLC, not Apple, is solely responsible for the app and its content.
2. Your licence is limited to using the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. MK Ignite LLC is solely responsible for providing maintenance and support for the app. Apple has no obligation at all to provide any maintenance or support for it.
4. MK Ignite LLC is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are MK Ignite LLC's responsibility.
5. MK Ignite LLC, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
6. If a third party claims that the app or your possession and use of it infringes their intellectual property rights, MK Ignite LLC, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
7. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must comply with any applicable third-party terms when using the app, such as your mobile data or internet service agreement.
9. Apple and Apple's subsidiaries are third-party beneficiaries of these terms. Once you accept these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about the app should be sent to us using the contact details in section 16.

13. Governing law

These terms are governed by the laws of the State of Arizona, United States, without regard to its conflict-of-law rules. If you live outside the United States, this doesn't take away any protection you have under the mandatory consumer laws of the country where you live.

14. General

If any part of these terms can't be enforced, the rest still applies. If we don't enforce a right straight away, we haven't given it up. You may not transfer your rights under these terms; we may transfer ours to someone who takes over the app.

15. Changes to these terms

We may update these terms. We'll post the new version here with a new effective date, and if a change is significant we'll tell you in the app or on this website before it takes effect. If you keep using the app after that, the new terms apply.

16. Contact

MK Ignite LLC, 9137 W Irma Ln, Peoria, AZ 85382, United States
support@surgestones.com